`Case 6:16—cv—O1087—CEM—KRS Documentl Filed 06/21/16
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`UNITED STATES DISTRICT COURT
`_OMANm‘ ,.LOm9fmD"
`MIDDLE DISTRICT OF FLORIDA
`ORLANDO DIVISION -
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`LIGHTING SCIENCE GROUP
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`CORPORATION,
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`Plaintiff,
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`v.
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`AMERICAN DE ROSA LAMPARTS, LLC
`d/b/a LUMINANCE
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`Defendant.
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`/
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`JURY DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Lighting Science Group Corporation, through its attorneys, alleges the following:
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`PARTIES
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`1.
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`I
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`Plaintiff Lighting Science Group Corporation (“LSG”) is a corporation organized
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`and existing under the laws of the state of Delaware with its principal place of business located at
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`81 1 N. Atlantic Avenue, Cocoa Beach, Florida 32931.
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`2.
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`Upon information and belief, Defendant American De Rosa Lamparts, LLC
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`(“Defendant”) is a company, doing business as Luminance, and is organized and existing under
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`the laws of the state of California with its principal place of business located at 1945 S. Tubeway
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`Avenue, Commerce, California 90040, but does business throughout the United States, including
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`Florida and whose registered agent is CT Corporation located at 818 West Seventh Street, Suite
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`930, Los Angeles, California 90017.
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`JURISDICTION AND VENUE
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`3.
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`This is a claim for patent infringement and arises under the patent laws of the Unit
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`States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of
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`this claim under 28 U.S.C. §§ 1331 and 1338(a). A
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`4.
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`This Court has personal
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`jurisdiction over Defendant because Defendant
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`is
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`transacting business within this District and has committed acts and, on information and belief,
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`will continue to commit acts within this District giving rise to this action, including offering to sell
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`and selling infringing products and/or placing infringing products, directly or
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`through
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`intermediaries (including distributors, retailers, and others), into the stream of commerce in such
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`a way as to reach customers in this District. Defendant has purposefully and voluntarily sold one
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`or more of its infringing products with the expectation that they will be purchased by consumers
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`in this District. These infringing products have been and continue to be purchased by consumers
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`in this District. Defendant has committed acts of patent infringement within the United States and
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`more particularly, within this District.
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`5.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and 1400(b).
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`COUNT I
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`(Infringement of U.S. Patent No. 8,201,968)
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`6.
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`7.
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`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,201,968, entitled
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`“Low Profile Light,” which was duly and legally issued by the United States Patent and Trademark
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`Office (“USPTO”) on June 19, 2012 (the “‘968 Patent”). A true and correct copy of the ‘968 Patent
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`is attached hereto as Exhibit A.
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`8.
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`The ‘968 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`9.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ‘968 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘968 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
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`or more claims of that patent and/or providing actual or constructive notice to Defendant.
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`10.
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`Upon information and belief, Defendant has infringed and will continue to infringe
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`at least Claims 1, 2, 14, 15, 16 and 18 of the ‘968/Patent by, among other activities, making, using,
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`selling or offering to sell in or importing into the United States its F9908-30 product. Defendant is
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`liable for direct infringement, either literally or under the doctrine of equivalents pursuant to 35
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`U.S.C. §271 (a).
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`11.
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`Plaintiff has at no time either expressly or impliedly licensed Defendant to practice
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`the ‘968 Patent.
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`12.
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`Defendant’s infringement has injured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
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`l3.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
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`within the scope of the claims of the ‘968 Patent.
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`COUNT II
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`(Infringement of U.S. Patent No. 8,672,518)
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`14.
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`15.
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`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,672,518 entitled
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`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
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`USPTO on March 3, 2015 (the “‘5 18 Patent”). A true and correct copy of the ‘S18 Patent is
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`attached hereto as Exhibit B.
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`16.
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`The ‘S18 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`17.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ‘518 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘5 1 8 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
`or more claims ofthat patent and/or providing actual or constructive notice to Defendant.
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`18.
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`Upon information and belief, Defendant has infringed and will continue to infringe
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`at least Claim 1, 3, 5, 6, 7, 8 and 11 of the ‘518 Patent by, among other activities, making, using,
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`selling or offering to sell in or importing into the United States its F9901-30-1, F9904-30-l, F9906-
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`30-1 products. Defendant is liable for direct infringement, either literally or under the doctrine of
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`‘equivalents, pursuant to 35 U.S.C. § 271 (a).
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`19.
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`Upon information and belief, Defendant has infr'mged and will continue to infringe
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`at least Claim 1, 3, 5, 6, 7, 8, 9, 11, 12, 13, and 14 of the ‘518 Patent by, among other activities,
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`making, using, selling or offering to sell
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`in or importing into the United States its F9908-30
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`products. Defendant is liable for direct infringement, either literally or under the doctrine of
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`equivalents, pursuant to 35 U.S.C. § 271 (a).
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`20.
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`Plaintiff has at no time either expressly or impliedly licensed Defendant to practice
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`the ‘5 18 Patent.
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`21.
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`Defendant’s infringement has 'mjured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
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`22.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
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`within the scope of the claims of the ‘518 Patent.
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`COUNT III
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`(Infringement of U.S. Patent No. 8,967,844)
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`23.
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`24.
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`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,967,844 entitled
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`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
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`USPTO on March 3, 2015 (the “‘844 Patent”). A true and correct copy of the ‘844 Patent is
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`attached hereto as Exhibit C.
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`25.
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`The ‘844 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`26.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ‘844 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘844 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
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`or more claims of that patent and/or providing actual or constructive notice to Defendant.
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`27.
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`Upon information and belief, Defendant has infringed and will continue to infringe
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`at least Claims 1, 2, 7, 8, 9, 12, 14, 16, 17, 21, 22 and 24 of the ‘844 Patent by, among other
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`activities, making, using, selling or offering to sell in or importing into the United States its F9901-
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`30-1, F9904—30-1, and F9906-30-1 products. Defendant is liable for direct infringement, either
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`literally or under the doctrine of equivalents. pursuant to 35 U.S.C. § 271 (a).
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`28.
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`Plaintiff has at no time either expressly or impliedly licensed Defendant to practice
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`the ‘844 Patent.
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`29.
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`Defendant’s infringement has injured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
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`30.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
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`within the scope of the claims of the ‘844 Patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully asks this Court to enterjudgment against Defendant
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`and against its respective subsidiaries, successors, parents, affiliates, officers, directors, agents,
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`servants, and employees, and all persons in privity or active concert or participation with
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`Defendant, granting the following relief:
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`A.
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`the entry ofjudgment in favor of Plaintiff and against Defendant;
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`B. a preliminary injunction prohibit'mg further infringement of each of the ‘968 Patent,
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`the ‘S18 Patent, and the ‘844 Patent by Defendant,
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`their agents, employees,
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`representatives, successors and assigns and those acting in privity or in concert with
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`them;
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`a permanent injunction prohibiting fllI’tl'lCI‘ infringement of each of the ‘968 Patent,
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`the ‘5 18 Patent, and the ‘844 Patent by Defendant,
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`their agents, employees,
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`representatives, successors and assigns and those acting in privity or in concert with
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`them;
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`an award of actual damages against Defendant for damages arising from the
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`infringement of each of the ‘968 Patent, the ‘518 Patent, and the ‘844 Patent
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`pursuant to 35 U.S.C. § 284;
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`an award of damages against Defendant for pre-judgment and post-judgment
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`interest on the damages awarded, including an award of prejudgment interest,
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`pursuant to 35 U.S.C. § 284, from the date of each act of infringement of the ‘968
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`Patent, the ‘518 Patent, and the ‘844 Patent by Defendant to the day a damages
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`judgment is entered and a further award of post-judgment interest, pursuant to 28
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`U.S.C. § 1961, continuing until suchjudgment is paid, at the maximum rate allowed
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`by law;
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`F.
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`the entry of judgment that this case is exceptional, and awardtreble damages,
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`attorney fees, and the costs of this action, pursuant to 35 U.S.C. § 285;
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`G.
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`in the event a final injunction is not granted,‘a compulsory ongoing royalty; and
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`H. such other relief to which Plaintiff is entitled under law, and any other and further
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`relief that this Court or ajury may deem just and proper.
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`JURY DEMAND
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`triable.
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`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so
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`/s/Mark F. Warzecha
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`Mark F. Warzecha
`Florida Bar No. 95779
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`WIDERMAN MALEK PL
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`1990 W. New Haven Ave., Ste. 201
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`Melbourne, Florida 32904
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`Tel. (321) 255-2332
`Fax (321) 255-2351
`MFW@USLegalTeam.com
`I
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